1. Scope of the Reference
The Reference provided by the Referee consists of an answer to a number of questions, relating to verifiable objective information (e.g., is Applicant’s claim true to have had an employment contract with you) or specific ratings. The Referee can also provide textual comments about an Applicant’s claim.
The Referee will cooperate on a voluntary basis, and will not receive any remuneration for providing the Reference.
The Referee agrees to waive any and all intellectual property rights and proprietary rights regarding any Reference, and agrees that Talentsquare has the irrevocable right to use (and allow others to use and consult) the Reference during an undefined period of time.
2. Use of the Reference
The Reference will be solely used on the Talentsquare website (the “Website”) and may be read by an undefined number of users of this Website, as described below.
While Talentsquare will store links between the Referee and each Reference, this link will not be made available to any third party outside Talentsquare. Instead, the Reference will be used on a strictly anonymous basis, as part of a statistical figure about the Applicant, from which no direct link to the Referee can be made by a third party. Except if Talentsquare would be required to do so by law or by court order, Talentsquare warrants that the link between the Referee and the Reference will never be released, nor be visible, to the Employer or to any other person. The Reference will not be released to the Applicant.
3. Obligations of the Referee
The Referee agrees to give complete and true information, to be as objective as possible, and to fill in the Reference to the best of its abilities. The Referee acknowledges that the information provided by it can have a serious impact on the Applicant, and will refrain from providing any Reference if there exists any reason which would prevent the Referee from being objective about his assessment of the Applicant.
The Referee accepts that Talentsquare has no obligation to use the Reference, and has the right to delete the Reference at any time, without prior notice to the Referee.
4. Risk allocation
Talentsquare will undertake all reasonable efforts to execute its obligations with respect to the Referee and the Reference. However, to the maximum extent permitted by law, (i) the sole remedy of Referee for any contractual or extra-contractual damage incurred, consists of the correction by Talentsquare of any error, to the extent such correction is commercially reasonable; (ii) the maximum contractual and extra-contractual liability of Talentsquare for any direct damage incurred by the Referee shall be limited to 25 EUR; and (iii) Talentsquare cannot be held liable for any indirect damage (such as loss of profits, loss of image or reputation, claims of third parties, loss of data, loss of customers or revenue, etc.).
Talentsquare shall not be liable in case of force majeure (which is understood to be any event beyond the reasonable control of a party), including but not limited to fire, flood, earthquake, forces of nature or acts of God, acts of war, terrorism, strikes, telecom disruptions, external hacking or substantial software bugs.
Talentsquare can assign or transfer its agreement with Referee and any of its obligations to any third party (including subcontractors) without the prior written consent of Referee.